Biden-Harris Administration seeks nominations for New Higher Education Program Integrity and Institutional Quality Rulemaking Panel

The U.S. Department of Education (Department) announced that it will publish a notice in the Federal Register establishing a negotiated rulemaking committee that will meet to rewrite regulations that address some of the "nuts and bolts" of Title IV program integrity and institutional quality under the Higher Education Act. In the notice, the Department requests nominations for non-Federal negotiators and sets dates for negotiation sessions.

"The Department is committed to expanding access to opportunity through quality higher education and supporting students to achieve their college dreams," said U.S. Secretary of Education Miguel Cardona. "Our regulatory efforts reflect our laser-focus on ensuring that students are well served by the higher education institutions they attend and that our federal student aid programs are helping them to attain postsecondary success."

These nominations are the second step in a process known as "negotiated rulemaking," which is required under the Higher Education Act for any regulations related to the Federal student financial aid programs. This process started with public hearings and a request for public comments conducted by the Department in April 2023. Next, negotiators selected by the Department will meet virtually on January 8-11, February 5-8, and March 4-7 to discuss ideas for regulatory reform. A subcommittee will meet virtually on January 12 and February 9. Sessions will be open to the public and include opportunities for public comment.

The Department announced the following issues for negotiation:

The Secretary's recognition of accrediting agencies and related issues;

Institutional eligibility, including state authorization;

The definition of distance education as it pertains to clock hour programs and reporting for students who enroll primarily online;

Return of Title IV of the Higher Education Act of 1965 funds; and